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Recalling the recent adoption of a similar resolution by the UN General Assembly, the resolution now adopted by the Human Rights Council took an important further step in affirming that “the human right to safe drinking water and sanitation is derived from the right to an adequate standard of living and inextricably related to the right to the highest attainable standard of physical and mental health, as well as the right to life and human dignity.”

“This means that for the UN, the right to water and sanitation is contained in existing human rights treaties and is therefore legally binding,” commented UN Independent Expert on human rights obligations related to access to safe drinking water and sanitation, Catarina de Albuquerque. “The right to water and sanitation is a human right, equal to all other human rights, which implies that it is justiciable and enforceable.”

Danielle Morley, Executive Secretary of Freshwater Action Network, a Global NGO network, says: ‘We’ve been working towards this moment for a decade. This is a fantastic development and will have a huge impact on the water and sanitation sector. In 160 countries in all regions of the world, governments can no longer deny their legal responsibility to ensure that water and sanitation services are provided to the billions of poor people lacking access”

While about 41 States had abstained from the resolution that was passed by the General Assembly in July, the resolution now passed in the Human Rights Council was adopted by consensus with no member State to the Council requesting a vote.

Various State delegations expressly welcomed the resolution. The United States highlighted that it was “proud to take this significant step of joining consensus on this important resolution regarding the right to safe drinking water and sanitation which is to be progressively realized.”

For further information visit the Freshwater Action Network (FAN) website.
For the text of the Resolution see the UN website.
The Independent Expert on human rights, water and sanitation, Ms. Catarina de Albuquerque, welcomes the resolution, to read her response see the Office of the High Commissioner for Human Rights.

Albuquerque’s thematic review focuses on the human rights obligations and responsibilities which apply in cases where non-State service providers are involved in water and sanitation service delivery. Albuquerque held three consultations to prepare the report and draws upon a framework  of the Special Representative of the Secretary General, John Ruggie, to define private sector responsibilities related to human rights.

The report highlights a number of challenges encountered in private sector provision, and recognises the complex human rights obligations it entails. While non State service providers have human rights responsibilities the State has strict obligations to monitor and ensure individual’s human rights are not violated. The report gives recommendations for both States and service providers to better comply with the human rights obligations relating to access to water and sanitation.

Catarina de Albuquerque then briefly addressed her work on compiling best practices and gave accounts of her country visits to Egypt, Bangladesh and Slovenia.

The resolution would follow the General Assembly’s recognition of the right to water and sanitation in July 2010, on 23 September 2010.

The Human Rights Council will decide whether to affirm the resolution to legally recognise the right to water and sanitation. If passed this will be an important step towards strengthening the legal obligations within UN mechanisms.

International and local NGOs are currently working hard to lobby governments on the Council to affirm this resolution.

By a vote 122 in favour, none against and 41 abstentions, the General Assembly has adopted Resolution 64/ 292 recognising water and sanitation as a basic human right.

The Resolution welcomes the important work carried out by the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation and welcomes her presentation of an annual report to the General Assembly. The Resolution also calls upon States and international organisations to provide financial resources, help build capacity and transfer technology to help other countries to provide safe, clean, accessible and affordable drinking water and sanitation for all.

The right to sanitation is importantly recognised, however it is recognised as part of the same right as the right to water.

In the introduction to the resolution the representative of Bolivia recognizes the health risks of sanitation as being far worse than the lack of safe water, and he quotes the Independent Expert discussing sanitation as evoking the concept of human dignity.

The majority of the abstaining countries argued that the resolution went against the ongoing ‘geneva process’ and the work carried out by the Human Rights Council. For the full proceedings of the vote please see the UN General Assembly’s press release.

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